NY State Senate Bill 2017-S8053

Senate Bill S8053

2017-2018 Legislative Session

Relates to the exemptions for railroads and railroad and shipping facilities from the phase-out of creosote

download bill text pdf

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 22, 2018	referred to environmental conservation

2017-S8053 (ACTIVE) - Details

See Assembly Version of this Bill:: A10163
Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §27-2513, En Con L
Versions Introduced in 2019-2020 Legislative Session:: S4982, A7005

2017-S8053 (ACTIVE) - Summary

Removes the exemptions for railroads and railroad and shipping facilities from the phase-out of creosote.

2017-S8053 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8053

SPONSOR: LAVALLE
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to the
exemptions for railroads and railroad and railroad shipping facilities
from the phase-out of creosote

 
PURPOSE OR GENERAL IDEA OF BILL:

To phase-out the use, combustion and disposal of creosote in railroads
and railroad and railroad shipping facilities

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1. Section 27-2513 of the environmental conservation law, as
added by Chapter 172 of the laws of 2007, is amended to include railroad
and railroad shipping facilities in the phaseout of creosote.

Section 2. Provides for an immediate effective date.

 
JUSTIFICATION:

Creosote is composed of over 300 chemicals, with the major ingredients
known to cause harmful health effects and environmental degradation. It
is listed as a hazardous waste by the environmental protection agency
(EPA) and has been found in at least 33 of the national priorities list
sited and identified by the EPA.  Workers in the building trades indus-
try, especially those who build decks and boat docks, and those who work
with foundation shoring, construction and maintenance of utility poles
for electric, cable, and telephone lines, are all susceptible to the
harmful effects of creosote, which include, but are not limited to, skin
irritations, chemical burns of the eyes, mental confusion, respiratory
ailments and liver damage. Creosote is listed as a carcinogen in the
1992 toxic release inventory (TRI) and can cause cancer. Creosote poses
an environmental threat as its runoff can contaminant soil and surface
and groundwater.

Article 27, Title 25 of the Environmental Conservation Law provides that
as of January 1, 2008, creosote or products containing creosote shall
not be manufactured, sold or used in New York State. However, exemptions
to this law allows railroads, railroad and railroad shipping facilities
to continue to manage wood treated with creosote and maintain control or
ownership of the materials which allows wood treated with creosote to be
reused or stockpiled for re-use.  In the spring of 2017, the Long Island
Railroad began placing stockpiles of creosote soaked railroad ties with-
in close proximity to residencies and businesses that abut the LIRR's
right-of-way on the east end of Long Island. Complaints to LIRR began as
the incessant strong odor from the railroad ties lingered in the air
causing respiratory ailments, dizziness and burning eyes, among others.
These are common symptoms associated with the harmful exposure to the
chemicals in creosote. While the LIRR has since moved the ties from this
area, the creosote soaked stockpiles will eventually be used to replace
broken ties in the future continuing to threaten public health and the
environment.

This legislation is necessary to remove railroads and railroad and rail-
road shipping facilities from the list of exemptions included in Article
27, Title 25 of the Environmental Conservation Law. Effective and safer
alternatives to creosote are available and should be utilized to better
protect public health and the environment.

 
PRIOR LEGISLATIVE HISTORY:

2018: New Legislation

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
Immediately

2017-S8053 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 8053                                                 A. 10163
 
                       S E N A T E - A S S E M B L Y
 
                              March 22, 2018
                                ___________
 
 IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
   ed, and when printed to be committed to the Committee on Environmental
   Conservation
 
 IN  ASSEMBLY  -- Introduced by M. of A. THIELE -- read once and referred
   to the Committee on Environmental Conservation
 
 AN ACT to amend the environmental conservation law, in relation  to  the
   exemptions for railroads and railroad and railroad shipping facilities
   from the phase-out of creosote
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 27-2513 of the environmental conservation  law,  as
 added by chapter 172 of the laws of 2007, is amended to read as follows:
 § 27-2513. Exemptions.
   Notwithstanding  any  inconsistent  provision of law, this title shall
 not apply to:
   1. [railroads, as defined in subdivisions twenty-four and  twenty-nine
 of  section  two of the transportation law or within the scope of titles
 nine and eleven of article five of the public authorities law;
   2. the operation and/or maintenance of railroad and railroad  shipping
 facilities, including but not limited to the right of way, tracks, track
 sidings, team tracks and bridges;
   3.]  any  electric  corporation, as defined by subdivision thirteen of
 section two of the public service law, nor shall it apply to the  opera-
 tion, use, or maintenance of any new or existing utility pole or facili-
 ties  owned  or  used,  in whole or in part, by a telephone corporation,
 utility company, or cable television company, as defined by subdivisions
 seventeen and twenty-three of section two and subdivision one of section
 two hundred twelve of the public service law, respectively;
   [4.] 2. the use of  one  or  more  utility  poles  by  any  person  in
 connection  with  the  suspension  or  support of power, communications,
 utility wires, lines or cables and related equipment,  antennae,  light-
 ing,  signals,  electric  or  electronic devices or similar equipment or
 apparatus;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD14184-01-8

 S. 8053                             2                           A. 10163
 
   [5.] 3. any public authority that owns and  operates  electric  trans-
 mission or distribution lines, a municipally owned electric utility or a
 rural electric cooperative, nor shall it apply to the operation, use, or
 maintenance  of  any new or existing utility pole or facilities owned or
 used,  in  whole  or  in part, by any such public authority, municipally
 owned electric utility, or rural electric cooperative; and
   [6.] 4. until January first, two thousand ten, any existing marina  or
 other  facility  for berthing and mooring of pleasure vessels, including
 rowboats and canoes, and the storage thereof, and any existing  facility
 that  services  pleasure  vessels other than an existing marina or other
 facility for berthing and mooring of pleasure vessels, or facility  that
 services  pleasure  vessels owned and/or operated by a municipal entity.
 For the purpose of this section, pleasure vessel  shall  have  the  same
 meaning  as  in  paragraph  (c) of subdivision six of section two of the
 navigation law.
   § 2. Severability clause. If any provision of this act or  application
 thereof  shall  for  any  reason  be  adjudged by any court of competent
 jurisdiction to be invalid, such judgment shall not affect,  impair,  or
 invalidate the remainder of the act, but shall be confined in its opera-
 tion  to  the  provision thereof directly involved in the controversy in
 which the judgment shall have been rendered.
   § 3. This act shall take effect immediately.

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